Right to privacy in New Zealand

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New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to Privacy in the sense of seclusion or to be free from unwanted intrusion. It is suggested that privacy was not included in NZBORA due to its difficulty to define, and because the social environment at the time was not one in which it was appropriate to implement a right with vague and uncertain parameters. When an individual feels there has been a breach of the principles he or she can lodge a complaint with the Privacy Commissioner. If the complaint cannot be settled, it may be referred to the Human Rights Review Tribunal, which may or may not consider the situation anew.